Newshttps://www.probono.net/ny/family/news/en-usPro Bono NetNew York2018-03-19T14:45:00Zhourly11970-01-01T05:00:00Zinfo@probono.nethttps://www.probono.net/ny/family/news/article.672173-Kellyanne_Conway_Should_be_Disciplined_for_Ethics_Violation_US_Agency_TellsKellyanne Conway Should be Disciplined for Ethics Violation, US Agency Tells Trumphttps://www.probono.net/ny/family/news/article.672173-Kellyanne_Conway_Should_be_Disciplined_for_Ethics_Violation_US_Agency_Tells<p>Kellyanne Conway, a top adviser to President Donald Trump, should face disciplinary action for using television appearances to promote the Republican candidate in Alabama’s special U.S. Senate election last year, the U.S. Office of Special Counsel said in a report to the White House on Tuesday.&nbsp;</p>The New York Law Journal2018-03-06T19:27:00Z1990000https://www.probono.net/ny/family/news/article.671997-Happy_Ending_for_Legal_Aid_Client_Facing_Deportation_Thanks_to_the_AdvocacyHappy Ending for Legal Aid Client Facing Deportation Thanks to the Advocacy of Pro Bono Attorneys from Cleary Gottliebhttps://www.probono.net/ny/family/news/article.671997-Happy_Ending_for_Legal_Aid_Client_Facing_Deportation_Thanks_to_the_Advocacy<p>Luis, is a native of the Dominican Republic who came to the United States as a lawful permanent resident in 1994, when he was only six-years-old. He lives in New York, as do most of his family members, including his mother, grandmother, brother, and sister. Luis has long struggled with bipolar disorder and was under the supervision of the New York County Mental Hygiene Court for a time.</p>
<p>In 2007, Luis was arrested after he had agreed to accept payment of a few hundred dollars to transport cocaine to Connecticut from New York City. In large part because of his mental health needs, the United States Attorney agreed to allow Luis to plead guilty to the lesser crime of using a telephone to facilitate drug trafficking. Despite successfully completing his sentence, ICE arrested Luis in December 2013 and placed him in removal proceedings based on the 2007 case. Luis was held in an Immigration Detention facility by ICE for almost two years when The Legal Aid Society was able to secure a hearing and his family posted a $5,000 bond.</p>
<p>Although Luis had been released from immigration custody, his removal proceedings were still ongoing. The Immigration Law Unit, and a team of pro bono attorneys at Cleary Gottlieb Steen &amp; Hamilton, which included, Jon Kolodner, Sam Levander, and Julian Cardona, first applied for prosecutorial discretion with the ICE Office of Chief Counsel. Although the Cleary team prepared extensive supporting papers, ICE denied the application. The Immigration Law Unit and Cleary then further considered Luis’s options. From there, another Cleary team, which included Roger Cooper, Sam Levander, Julian Cardona, and Lenny Leonard, filed a motion to terminate proceedings with the Immigration Court, arguing that Luis’s conviction did not make him removable in the first place. The Immigration Judge agreed with that argument, and terminated Luis’s removal proceedings. With the help of the Cleary teams, Luis was able to remain in the United States, the country he has called home for nearly his entire life, as a lawful permanent resident and remain with his family. This was an extraordinary result that could not have been achieved without the assistance of the pro bono attorneys from Cleary.</p>Legal Aid Society2018-03-05T16:15:00Z1810000https://www.probono.net/ny/family/news/article.672026-Voter_Purges_May_Threaten_2018_MidtermsVoter Purges May Threaten 2018 Midtermshttps://www.probono.net/ny/family/news/article.672026-Voter_Purges_May_Threaten_2018_Midterms<p>Efforts to remove voters from registration lists that are deployed without federal safeguards threaten ballot access during midterm elections this fall. A new explainer from the Brennan Center for Justice at NYU School of Law details four unfair purge techniques – purportedly methods to remove ineligible voters from registration rolls –&nbsp; that could contribute to problems at the polls and could ultimately disenfranchise eligible voters.</p>Brennan Center2018-03-05T18:17:00Z1990000https://www.probono.net/ny/family/news/article.672033-Is_It_Constitutional_to_Lock_Up_Immigrants_IndefinitelyIs It Constitutional to Lock Up Immigrants Indefinitely?https://www.probono.net/ny/family/news/article.672033-Is_It_Constitutional_to_Lock_Up_Immigrants_Indefinitely<p>Last week, the U.S. Supreme Court issued its decision in Jennings v. Rodriguez, a class action lawsuit challenging the federal government’s practice of jailing immigrants for months or years while they litigate their deportation cases. The ACLU had argued that neither the immigration laws nor the Constitution permit such detention unless a judge determines, at a hearing, that the immigrant will pose a danger or flight risk if released.</p>American Civil Liberties Union2018-03-05T18:39:00Z1810000https://www.probono.net/ny/family/news/article.672028-Title_VII_Bars_Sexual_Orientation_Discrimination_Says_US_Second_Circuit_CouTitle VII Bars Sexual Orientation Discrimination, Says US Second Circuit Court of Appealshttps://www.probono.net/ny/family/news/article.672028-Title_VII_Bars_Sexual_Orientation_Discrimination_Says_US_Second_Circuit_Cou<p>Last spring, we reported that the Seventh Circuit Court of Appeals (which hears appeals from Illinois, Indiana, and Wisconsin federal trial courts) had become the first federal appellate court to conclude that Title VII's sex discrimination prohibition also precludes discrimination based on sexual orientation. On February 26, 2018, the Second Circuit Court of Appeals, ruling en banc, became the second appellate court to hold that Title VII bars discrimination based on sexual orientation, explicitly reversing prior Circuit authority to the contrary.</p>
<p>&nbsp;</p>National Law Review2018-03-05T18:22:00Z1000000578https://www.probono.net/ny/family/news/article.670938-ABA_urges_DOJ_to_continue_allowing_immigration_judges_to_close_appropriateABA urges DOJ to continue allowing immigration judges to close appropriate caseshttps://www.probono.net/ny/family/news/article.670938-ABA_urges_DOJ_to_continue_allowing_immigration_judges_to_close_appropriate<p>The American Bar Association has filed an amicus brief with the U.S. Department of Justice, urging it not to revoke immigration judges’ ability to administratively close cases.</p>ABA Journal2018-02-21T21:35:00Z1810000https://www.probono.net/ny/family/news/article.670941-The_Right_To_Counsel_For_Tenants_Who_Face_EvictionThe Right To Counsel For Tenants Who Face Evictionhttps://www.probono.net/ny/family/news/article.670941-The_Right_To_Counsel_For_Tenants_Who_Face_Eviction<p>On August 11, 2017, New York City Mayor Bill de Blasio signed legislation, the first of its kind in the nation, which guarantees legal representation for low-income tenants who face eviction. The new law has two major innovations with respect to eviction petitions brought in Housing Court.</p>Center for NYC Law2018-02-21T21:38:00Z1690000https://www.probono.net/ny/family/news/article.670252-ABA_Set_to_Loosen_Restrictions_on_Online_Law_ClassesABA Set to Loosen Restrictions on Online Law Classeshttps://www.probono.net/ny/family/news/article.670252-ABA_Set_to_Loosen_Restrictions_on_Online_Law_Classes<p>A proposal under consideration by the American Bar Association's law school accreditation arm would double the number of classes J.D. students may take online, and allow such courses during the crucial first year of law school.</p>ABA Journal2018-02-14T19:59:00Z1990000https://www.probono.net/ny/family/news/article.669386-Immigration_Enforcement_Continues_to_Dominate_Headlines_and_Evoke_UncertainImmigration Enforcement Continues to Dominate Headlines and Evoke Uncertaintyhttps://www.probono.net/ny/family/news/article.669386-Immigration_Enforcement_Continues_to_Dominate_Headlines_and_Evoke_Uncertain<p>By Suzanne Tomatore, Esq., Co-Director, City Bar Justice Center Immigrant Justice Project</p>
<p>&nbsp;</p>
<p>In the face of heightened uncertainty over the path to citizenship for undocumented immigrants in the United States, the City Bar Justice Center’s Immigrant Justice Project (IJP) is pressing on with the vital legal services and outreach it provides to its clients and New York City’s immigrant population. IJP primarily assists asylum seekers and immigrant survivors of violent crimes and serves broader immigrant communities through legal clinics and Know Your Rights presentations. The project trains and mentors pro bono attorneys from large law firms and corporate legal departments to take on these cases and to participate in legal clinics.</p>
<p>Over the last year, immigration practice has been very challenging. While the law has generally remained the same, some temporary programs are concluding and policy and implementation seems to change on a daily basis. Attorneys have to follow the news closely, coordinate with colleagues to stay abreast of changing policies and procedures, and try to untangle rumors circulating in immigrant</p>
<p>communities and attempt to allay fears. Immigration practice has long relied on a deep knowledge of the law as well as watching patterns of enforcement by the federal government and this has become more difficult over the last year.</p>
<p>In response to the current environment on enforcement, IJP has been conducting emergency planning clinics for immigrant families on what legal measures exist to protect their children in the event of deportation. IJP is also conducting immigration screenings for current holders of the Deferred Action for Childhood Arrivals (DACA) program and Temporary Protected Status (TPS), both coming to an end, to assess whether individuals have a route to a more permanent immigration status that would allow them to stay in the U.S.</p>
<p>IJP has also observed a drop in clients’ willingness to go to court for any reason, including to pick up paperwork, testify in court, or to file for an Order of Protection, for fear of potential encounters with Immigration and Customs Enforcement (ICE) agents in courthouses. For immigrants who are victims of violent crimes, this fear is an impediment to the criminal justice process as well as a barrier to accessing court ordered child support or other protections for families. IJP has been working with the New York City Bar Association’s committees to help figure out a way for every individual to feel comfortable in accessing the courts.</p>
<p>IJP staff regularly participates in opportunities to weigh in on public policy affecting immigrants and in the communities that we serve. Staff attorney Laura Berger recently testified before the NYC Commission on Human Rights on how U Nonimmigrant Status may be a path to status for immigrant employees who experience sexual harassment in the workplace and have reported it to law enforcement agencies with law enforcement capacity. This special status, available to crime victims who cooperate with law enforcement, creates a path to lawful immigration status with certification. Many New York City and New York State agencies that have law enforcement capacity are now authorized to sign U Nonimmigrant certifications on form I-918B when crimes are reported, including prosecutors, police, Department of Labor, and NYS Division of Human Rights.</p>
<p>The City Bar Justice Center’s IJP is hosting multiple immigration legal clinics in February and March, in partnership with Willkie Farr &amp; Gallagher LLP, Bloomberg L.P., JP Morgan Chase, Fragomen, Del Rey, Bernsen &amp; Loewy, LLP, &amp; Pfizer. We have recently also partnered with the Children’s Aid Society, Brotherhood/Sister Sol and the Borough of Manhattan Community College for Know Your Rights trainings and legal clinics.</p>
<p>Partnerships with law firms and corporate legal departments are vital to IJP’s outreach efforts. In the fall of 2017, Caitlin Miner-Le Grand was appointed as the City Bar Justice Center Fragomen Fellow to enhance the access to and quality of counsel for New York City immigrants. That same fall, IJP Coordinator Stephanie Guzman visited the South Texas Family Residential Center in Dilley, Texas, where she aided Fragomen attorneys in preparing and accompanying detained women and children for their credible fear interviews and bond hearings.</p>
<p>To learn more about IJP, please visit https://www.citybarjusticecenter.org/projects/immigrant-justice-project/. Attorneys interested in volunteering pro bono with IJP are encouraged to complete the online volunteer form.</p>City Bar Justice Center2018-02-05T18:45:00Z1810000https://www.probono.net/ny/family/news/article.669348-Could_Canada_be_a_refuge_for_DACA_recipients_if_no_immigration_deal_is_reacCould Canada be a refuge for DACA recipients if no immigration deal is reached?https://www.probono.net/ny/family/news/article.669348-Could_Canada_be_a_refuge_for_DACA_recipients_if_no_immigration_deal_is_reac<p>When President Donald Trump canceled the Deferred Action for Childhood Arrivals program in September, the fate of about 700,000 young adults was thrown into doubt. With DACA recipients set to begin losing their status in March, and no legislation yet agreed upon, could they find a safe harbor in Canada? <a href="http://www.abajournal.com/news/article/could_canada_be_a_refuge_for_daca_recipients_if_no_immigration_deal_is_reac#When:17:46:00Z">Read More</a></p>ABA Journal2018-02-05T15:55:00Z1810000https://www.probono.net/ny/family/news/article.669057-2_new_courts_in_New_York_City_focus_on_opioid_abusers2 new courts in New York City focus on opioid abusershttps://www.probono.net/ny/family/news/article.669057-2_new_courts_in_New_York_City_focus_on_opioid_abusers<p>NEW YORK (AP) — New York has launched two specialized courts dedicated to misdemeanor drug offenders — especially opioid abusers — who are at a high risk of overdose. <a href="http://www.nhregister.com/news/article/2-new-courts-in-NYC-focus-on-opioid-abusers-12533783.php">Read More</a></p>New Haven Register2018-02-01T16:33:00Z2040000https://www.probono.net/ny/family/news/article.666641-The_Governments_New_Policy_on_Device_Searches_at_the_Border_What_You_Need_tThe Government’s New Policy on Device Searches at the Border: What You Need to Knowhttps://www.probono.net/ny/family/news/article.666641-The_Governments_New_Policy_on_Device_Searches_at_the_Border_What_You_Need_t<p>The government last week issued new rules governing its searches of electronic devices at the border on the same day that it revealed that such searches skyrocketed in 2017. <a href="https://www.aclu.org/blog/privacy-technology/privacy-borders-and-checkpoints/governments-new-policy-device-searches">Read More</a></p>ACLU2018-01-10T19:18:00Z3140000https://www.probono.net/ny/family/news/article.666276-Gov_Cuomo_Appoints_Presiding_Justices_Including_First_Openly_LGBTQ_PresidinGov. Cuomo Appoints Presiding Justices Including First Openly LGBTQ Presiding Justice in NYhttps://www.probono.net/ny/family/news/article.666276-Gov_Cuomo_Appoints_Presiding_Justices_Including_First_Openly_LGBTQ_Presidin<p>Gov. Andrew Cuomo appointed presiding justices for the Second and Third departments Monday including the first openly LGBTQ presiding justice in New York history. <a href="https://www.law.com/newyorklawjournal/sites/newyorklawjournal/2018/01/01/gov-cuomo-appoints-presiding-justices-including-first-openly-lgbtq-presiding-justice-in-ny/?kw=Gov.%20Cuomo%20Appoints%20Presiding%20Justices%20Including%20First%20Openly%20LGBTQ%20Presiding%20Justice%20in%20NY%20%7C%20New%20York%20Law%20Journal&amp;et=editorial&amp;bu=New%20York%20Law%20Journal&amp;cn=20180107&amp;src=EMC-Email&amp;pt=Weekend%20Edition&amp;slreturn=20180008104800">Read More</a></p>New York Law Journal2018-01-08T15:51:00Z1000000578https://www.probono.net/ny/family/news/article.672295-Puerto_Ricos_Access_to_Justice_Community_to_Provide_Free_Legal_Support_forPuerto Rico’s Access to Justice Community to Provide Free Legal Support for People Affected by Hurricane María on the Islandhttps://www.probono.net/ny/family/news/article.672295-Puerto_Ricos_Access_to_Justice_Community_to_Provide_Free_Legal_Support_for<p><strong>For immediate release</strong></p>
<p>SAN JUAN- As part of the initiative “Ayuda Legal Hurac&aacute;n Mar&iacute;a” (Legal Assistance Hurricane Mar&iacute;a), a number of organizations and individuals committed with access to justice, from both Puerto Rico and the US, have come together to provide free legal support to those affected by the hurricane. This initiative unites members of a far-reaching Puerto Rican community, with one objective: that island residents receive timely and effective legal information and assistance. This three-pronged initiative will: (1) offer free and accessible legal information about claims and rights that could be affected by this disaster; (2) develop capacity among the island’s legal practitioners in disaster legal relief; and (3) provide free legal support and counsel to those who need it most; particularly individuals from our most disadvantaged communities.</p>
<p>The Access to Justice Working Group is responsible for the on-the-ground coordination of this effort. The Working Group brings together the principal providers of free legal assistance on the island, the clinics and pro bono student groups from all three law schools, the Puerto Rico Bar Association, the Civil Rights Commission, as well as lawyers and students in their individual capacity. Stateside, this effort is led by the Latino Justice Puerto Rico Legal Defense and Education Fund (Latino Justice). Other collaborating organizations include Pro Bono Net, the Louisiana Civil Justice Center, Columbia Law School and the New York City Bar Association.</p>
<p>As Ariadna Godreau-Aubert, a Puerto Rico-based lawyer and coordinator of the Working Group, explained “Hurricane Mar&iacute;a not only devastated the island’s already weakened infrastructure, but also highlighted the need for the local access to justice community to come together to guarantee people’s access to food, water, housing, work, health and all federal assistance programs they have a right to.” Natasha Lycia Ora Bannan, a lawyer at Latino Justice, added “our commitment, as part of the Puerto Rican diaspora, is to collaborate with organizations and lawyers in Puerto Rico to guarantee a more just and sensible handling of the population’s legal necessities, during the disaster and afterwards.”</p>
<p>Up to date information on all coordinated and collaborative efforts can be found at <a href="http://www.ayudalegalhuracanmaria.org">ayudalegalhuracanmaria.org</a>. This portal features important educational materials about FEMA claims and processes, interview guides, information on Disaster Unemployment Assistance, as well pertinent information on evictions and moratoriums on mortgage payments.</p>
<p>This past week an introductory workshop was held for volunteer lawyers. Forty-seven legal practitioners attended and are ready to help. Additionally, the organizations and individuals that are part of this Initiative are offering legal counsel by phone, through the Louisiana Civil Justice Center’s Hotline. Various community, student and lawyer workshops have already been scheduled for the coming weeks, across the island.Those interested can find more information about our services at our site, as well as on social media at <a href="https://www.facebook.com/ayudalegalhuracanmaria">https://www.facebook.com/ayudalegalhuracanmaria.</a> We’re also counting on media professionals for their support in getting the word out.</p>
<p>For immediate legal help, please contact the Hotline at 1-800-310-7029. To become a part of this Initiative, you can reach us at ayudalegalhuracanmaria@gmail.com<br /> <br /> <strong>Contact:<br /> Lcda. Ariadna.&nbsp; Godreau-Aubert - 787-585-1022<br /> Lcda. Natasha Lycia Ora Bannan- 347-693-1610</strong></p>Puerto Rico Access to Justice Working Group2018-03-08T01:35:00Z1000000835